Unofficial Draft Copy
**** As of: 11/25/2024, 08:25:45
69th Legislature 2025 Drafter: Sara Hess, **** LC 0176
1 **** BILL NO. ****
2 INTRODUCED BY ****
3 BY REQUEST OF THE DEPARTMENT OF JUSTICE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING POWERS AND DUTIES OF AGENTS;
6 ADDING HUMAN TRAFFICKING, PROSTITUION, AND INTERNET CRIMES AGAINST CHILDREN TO THE
7 LIST OF OFFENSES AN AGENT APPOINTED BY THE ATTORNEY GENERAL HAS CONCURRENT
8 JURISDICTION TO INVESTIGATE; PROVIDING A DEFINITION; AND AMENDING SECTION 44-2-115, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 44-2-115, MCA, is amended to read:
13 "44-2-115. Powers and duties of agents -- definition. (1) An agent appointed by the attorney Commented [SH1]: I included the definition in this
section and reflected it in the tagline
14 general pursuant to this part is a peace officer and:
15 (1)(a) shall provide investigative assistance to city, county, state, and federal law enforcement
16 agencies at their request in accordance with rules adopted by the department of justice;
17 (2)(b) shall have concurrent jurisdiction with local law enforcement agencies to investigate offenses
18 involving:
19 (i) dangerous drugs, as provided in Title 45, chapter 9, and;
20 (ii) violations that constitute organized criminal activity;
21 (iii) human trafficking, as defined in 45-5-701;
22 (iv) prostitution or patronizing a prostitute as provided in 45-4-601;
23 (v) internet crimes against children as defined in subsection (2).
24 (3)(c) shall investigate gambling activities in this state as provided in 23-5-113;
25 (4)(d) shall investigate any apparent violations of penal statutes disclosed by an audit of a state
26 agency by the legislative auditor;
27 (5)(e) shall investigate apparent violations of penal statutes referred by the state workers'
28 compensation insurance fund; and
-1- LC 176
 Unofficial Draft Copy
**** As of: 11/25/2024, 08:25:45
69th Legislature 2025 Drafter: Sara Hess, **** LC 0176
1 (6)(f) shall assist whenever possible any law enforcement school held in the state for law
2 enforcement officers when requested.
3 (2) For the purposes of this section, "internet crimes against children" means the use of an
4 electronic device or communication to commit or facilitate the commission of a crime against a child, including: Commented [SH2]: I replaced “internet” with
“electronic device or communication”
5 (i) sexual assault as defined in 45-5-502;
6 (ii) sexual intercourse without consent as defined in 45-5-503; Commented [SH3]: I removed “but not limited”
because it is redundant with (vii).
7 (iii) indecent exposure as defined in 45-5-504;
8 (iv) aggravated sexual intercourse without consent as defined in 45-5-508;
9 (v) sexual abuse of children as defined in 45-5-625;
10 (vi) child sex trafficking as defined in 45-5-711; or
11 (vii) any other offense in which a person uses technology to commit or facilitate a crime against a Commented [SH4]: I replaced “internet” with
technology as you have it in the language provided
12 child."
13 - END -
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Statutes affected:
LC Text: 44-2-115